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HomeMy WebLinkAbout1000-52.-2-14 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fox: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date May 25, 2011 Re: Coastal Consistency Review for ZBA File Ref. BEE-HIVE DEVELOPMENT CORP. #6476 SCTM#1000-52-2-14. BEE-HIVE DEVELOPMENT CORP. #6476 - Request for Variances under Sections 280-124 and 280- 116, based on the Building Inspector's March 21,2011 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1 ) less than the code required front yard setback of 35 feet, 2) less than the code-required minimum of 75 feet from the bulkhead, at; 400 Old Cove Blvd. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2-14. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The proposed action is located in an AO flood zone, a area subiect to flood depths usually from '1 to 3 feet. Further the proposed action does not meet Policy 5: Protect and Improve Water Quality in the Town of · Southold. 5.2 Minimize non-point pollution of coastal waters and manage activities causing non-point pollution. Minimize non-point pollution of coastal waters using the fo/lowing approaches, which are presented in order of priority. 1. Avoid non-point pollution by limiting non-point sources. a. Reduce or eliminate introduction of materials which may contribute to non-point pollution. b. Avoid activities which would increase off-site stormwater runoff and transport of pollutants. c. Control and manage stormwater runoff to: · minimize transport of pollutants · restore sites to emulate natural stormwater runoff conditions where degraded stormwater runoff conditions exist · achieve no net increase of runoff where unimpaired stormwater runoff conditions exist d. Retain or establish vegetation to maintain or provide: · soil stabilization · filtering capacity in riparian and littoral zones The applicant has not shown storm water controls to miti,qate surface flow tn Arshamomaque Pond or proposed buffers to further miti.qate impacts from improvinq the parcel. In the event that the application is approved the following are recommended. 1. Establish a Landscaped (non-turf) Buffer landward of the concrete sea wall. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious matedal for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] 2. Require a Storm Water Pollution Prevention Plan pursuant to Chapter 236. Pre and post construction best management practices have not been identified. 3. The soil boring shown on the survey is three years old. It is recommended that the Board verify the accuracy of the depth to groundwater and leaching pool separation distance. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andalore, Assistant Town Attorney APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS no.se No. 400 Street OLD COVE ROAD Hamlet SOUTHOLD SCTM1000 Section 52 Block2 .Lot(s) 14 LotSize 14,114sq.ff. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED M~C~ 2% 20~ BASED ON SURVEY/SITE PLAN DATED ~4~011 Applieant(s)/Owner(s): BEE HIVE DEVELOPMENT CORP. Mailing Address: 1 1 1 1 BELLMORE AVE. ?BE LLMORE, NY 11710 Telephone: 516 783 2533 Fax: Email: NOTE: In addition to the ab0¥cI please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc.. and name of person who agent represents: Name of Representative: Catheril3e Me$iano, ]vic;. for~)wner~Other: Address: 12 Mill Pond Lane, East Moriches, Ny 11940 Telephone: 631 553 3992 tax: 631 878 8951 Email: cmesiano@optonline.net Please check to specify who yot4~Ei~ correspondence to be mailed to, froli~le above names: ~-~npplicant/Owner(s), ~]nuthorized Representative, [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~24m and DENIED AN APPLICATION DATED ~/~ Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: XXIII280-124 S~ction:/~J~o XX1~2~0-1~6 Subsection: FOR: Type of A~.~peal. An Appeal is made for: .~A Variance to the Zoning Code or Zoning Map. [IA Variance due to lack of access required by New York Town Law- Section 280-A. L__JInterpretation of the Town Code, Article Section ['-]Reversal or Other A prior appeaIO has, [] has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our o~ce for assistance) ZB,\ File Name REASONS FOR APPE XL ( ul lili mal sheets mat, bt, used with preparer's sigt ature): AR£~,I I TIRL.INCE RE..ISONS: (1) An undesirable change ~vill not be produced iu the CIIARACTER of the neighborhood or a detriment to nearby properties if granted, becanse: SIMILAR SETBACKS EXIST ON ALL IMPROVED LOTS IN THE NEIGHBORHOOD SIMILAR RELIEF WAS GRANTED PER ZBA/~390 AND #1862 ON THE ADJOING LOT (1000-52-2-15) THE PROPOSED HOUSE IS IN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD IT HAS BEEN DEMONSTRATED THAT THE SUBJECT SITE IS "PRE-EXISTING" (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: PRAClTCAL DIFFICULTIES CREATED BY UPZONING TO THIS PRE-EXISTING NON-CONFORMING LOT MAKE CONFORMITY WITH CURRENT SETBACK REQUIREMENTS IMPOSSIBLE TO ACHEIVE. (3) The amount of relief requested is not substantial because: THE RESULTING SETBACKS ARE CONSISTENT WITH THE SETBACKS DEMONSTRATED IN THE NEIGHBORHOOD (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ALL IMPROVEMEI~LTS WILL BE CONSTRUCTED TO PREVAILING CODES, i.e.: DRAINAGE, SANIT~AY, BUILDING & FIRE CODES (5) Has the alleged difficulty been self-created? r"-]Yes, or [~No. Are there Covenants and Restrictions concerning this laml: [~']No.l~]Yes (please [itrnish copy,. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and tbe health, safety, ami welfare of the community. £'lfeck this bo.¥ ~ IF .4 USE t~.IRI,.IN('E IS BEING REQUESTED, AND PLEcISE COMPLETE TIlE ~|TT,4CtlED USE I~:.IRL4NCE SHEET: (Please be sure to consult yottr attorno,.) S~orn to before me Ibis (lay of ,20__ Signature of Appellant or Anthorized Agent Notary Public APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicaut:BEE HIVE DEVELOPMENT CORP. Date Prepared: 3/24/2011._. I. For Demolition of Existing Building Areas Please describe areas being removed: N/A il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of flint floor extension: 41'5' x 44'6.5' IRREG. Dimensions of new second floor: 41'5' X 44'?' IRREG. + 4' BALCONY Dimensions of floor above second level: N/A Height (from finished ground to top of ridge):31' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NO 111. Proposed Construction Description (Alterations or Structural Changes) (anach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: VACANT [AND Number of Floors and Changes WITH Alterations: 2 IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: NONE Proposed increase of building coverage: Square footage of your lot: 14,114sq.ft. Percentage of coverage of your lot by building area: 13% V. Purpose of New Construction: CONSTRUCT SINGLE FAMILY DWELLING VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how i~,relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 400 Old Cove Road, Southold SCTM# 1000-52-2-14 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? { } Yes {X} No Are there any proposals to change or alter land contours? { } Yes {X} No C. 1) Are there any areas which contain sand or wetland grasses? YES Seaward of bulkhead 2) Are these areas shown on the map submitted with_this application? YES 3) Is the property bulkheaded between the wetlands area and the upland building area? YES D. 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination ofjurisdiction? NO Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." None Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. None Do you or any co-owner also own other land close to this parcel? NO Please list present use or operations conducted at this parcel. Vacant land and proposed use single family dwelling Date: 4/11/2011 2010-08-05 09;03 LID(MARK 5167832§35>> 5163742635 P 3/5 AU/TIOR ,U..AllON l, Arthur J. Nasty_e, Asst. Secretary, Bee-~{ive Pevelopm.ent Corp. doi~gbu$i~e$$at..llll Bellmore. AYe,.,. N. Bellmore, NY 11710 PhoNe# 516-783-2533 dO hereby au~orize my agent Catherine IVl~iarm, Inc. to apply for permits/approvals from the: o Town Of' $outhold Building Depadment o Town of SoutheEI Board of Zoning Appeals o Soufftold Board of Town Trusteee, and o New York Slate Deparlrrmnt of EnvironmentaJ Conservation on my behalf. Bee+live Development Corp. Date; 8~/~,4, ~, lO Sworn to before me ~is 4__~day of Auqust JOHN G. NOVELLe I~OTARY PUPA C, $ a o of New York Qualified In Nassau Courtly ,2010. APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessatw to avoid same YOURNAME: Catherine Mesiano, Inc. Catherine Mesiano, Pres. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: {Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map [ Other [ ] Do you pemonally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YESl I NoL / J Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: none Title or position of that person: none Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): [ [ [ A) the owner of greater than 5% of the shares of the corporate stock oftbe applicant (when the applicant is a corporation); ] B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); J C) an officer, director, partner, or employee oftbe applicant; or ] D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted t~" 5th2~[~_ day of Signature: ' ~ ' Print N~: CathoOno M~siano (J Ivlesrano IRC Bee. Hive Develo~men~ CorD. 440 O~J Cove Road, Southold. NY SCTM # 100~-52-2-14 APPLICANT TRANSACTIONAL DISCLOSURE FORM 6318788951 p.4 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of towu officers and employees. The purpose of this form is to provide information which ca,, alert the town of possible conflicts of interest and allow it to take whatever action ;:~ necessary to avoid same. YOUR NAME: NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Appmva/of plat Exemption from plat or ~fficial map Other (If "Other," name the activity) Wetlands Permit, BuildinQ Permit, Variance Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any o~ficer or employee of I~e Town of Southold? "Relationship' includes by blood, marriage, or business interesL 'Business interest" means a business, including a partnemhip, in which the town officer or employee has even a partial ownership of (or employment by) a corporalioo in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of this forrn and date and sign where indicated. Name of person employed by Ihe Town of Southold Title or position of that person Describe the rePafionship betv:ccn yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when bhe applicant is a corporation); B) ~he legal or beneficial owner ol any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted of 20 0 Pnnt name Arthur J. Nastre Asst. Secretary, Bee-Hive Development Corp. aee-Ni~e 0ew~0menl Co~p 440 Old Cove RoBd, Southold, NY SCTM # 1000-52-2-14 6318788951 p,5 County of ~ASSAu State of Ngw YORK ARTHUR J. NASTRE BEING DULY SWORN DEPOSES AND AFFIRMS THAT HEI:~: IS/HE APPLICANT FOR THE ABOVE DESCRIBED PERMIT AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/NF.~ KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARRISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S) , TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Asst. Secreta~, Bee Hive Development Corp. Sworn to before me this 4th Denise Gold Notary Public, State of New York NO. 02GO4968734 Qualified in Nassau County My Commission Exoires July 2, __ day of August , 23 10 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD IFItEN TO USE THIS FORM: The form mug be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in agricultural distric~ Ail applications requiring an agricultural data statement must be referred to the Suffolk CounO: Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. I)NameofApplicant:--~ee-~e~'Q~l~,pr6~ (~,:,~.~,. 2)AddressofApplicant:l~, '-~,~o_l\,-~oe.~A-e,e.j bl-~e-~o~oe-~, /O¥ ]17~o 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5) Description ofProposed Project: c,o~,,~o~.4- 5fa_ 6) LocationofProperx~'(roadandtaxmapnumber):4.oo C5~ Ce~.~ f, oo_,,~: ,~oo ,-~o,--o 7) Is the parcel within an agricultural district?,[~]No I-lyes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~No [] Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 7~n~ppeals at 765-1809. 4 /,5 /.zo. Signature of Applicant Date I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will he made by supplying a copy of this statement. 2. Comments returned to the local board will he taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall he sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submined for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Bee Hive Development Corp. 400 Old Cove Road, Southold SCTM# 1000-52-2-14 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permit and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-52-2-14 The Application has been submitted to (check appropriate response): Town Board Planning Dept. _X Building Dept. X_.Board of Appeals X__Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Request variance/permit to construct a single family dwelling on a pre-existing non-conforming lot having a proposed 15' front yard setback and 45' setback to bulkhead. Bee Hive Development Corp. 400 Old Cove Road, Southold SCTM# 1000-52-2-14 Location of action: 400 Old Cove Road, Southold Site acreage: .32A Present ]and use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Bee Hive Development Corp. (b) Mailing address: 1111 Bellmore Avenue, N. Bellmore, NY 11710 (c) Telephone number: 516-783 2533 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? NY$OEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable The proposed improvements are consistent with the pattern of development in the ne~qhboFnood and with older established neighborhoods within the Town. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The project is not located near any histo#c sites or dist#cts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 - 7 for evaluation criteria Yes No Not Applicable The proposed improvements have been des~qned to complement the area within which the site is located. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable The sub/ect site is protected by a 37' concrete seawall that is part of a much la~, er structure that appears sound and stable. There is no evidence of erosion or floodinq on the site. The des~qn of the proposed dwellinq conforms to FEMA standards. Drywells will contain on-site stormwater run-off. Bee Hive Development Corp. 400 Old Cove Road, Southold SCTM~ 1000-52-2-14 Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The proposed improvement will be built in accordance the Suffolk County Health Departments standards for on-site sanitary systems, thereby minimizing any potential effect to groundwater. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable All proposed activity is landward of the existing seawall and will have no impact on the wetlands adjacent to the site. Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 7 is relevant to the requested relief. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable The proposed construction of a single family dwelling is consistent with the area. Any solid waste, etc. is disposed of at the Town landfill. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Approval of the proposed improvements will have no impact on public access to, and recreational use of, coastal waters, etc. WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water- dependent uses in suitable locations. See LWRP Section ili - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 relevant to the requested relief. Bee Hive Development Corp. 400 Old Cove Road, Southold SCTM# 1000-52-2-14 Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section !II - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable /t does not appear that Po/icy 11 is relevant to the requested relief. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable /t does not appear that Policy 12 relevant to the requested relief. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable /t does not appear that Policy 13 relevant to the requested relief. ~-~ TOWN OF SOUTHOLD PROPERTY RE~ORD CARD : ~ /~ ~-~ - z-/¢ , .~ Z OWNER STREET J'/t~/O VILLAGE DIST. SUB. LOT.t:_~T '-r,,, ~D IMD, TOTAL DATE R~KS AGE BUILDING CONDITION N~I NOR~L BELOW ABOVE FA~ ~re V~lue P~r A~re ~[lleble FRONTAGE ON WAT~ ~ 3 ' V~lend FRONTAGE ~ ROAD ~dowla~ DE~H ~ Oo ' 4ome PI~ BULKH~D 'oral COEOR TRIM Extension Extension Extension Porch Porch Breezeway Garage Foundation Basement Ext: Walls !Fire place Recreation Dormer B~h Floors In~erio~" Fihish Heat Rooms ]st Floor Driveway TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved .20 Disapproved a/.c~O(~- ~./~/,[ Expiration ,20 PERMIT NO. BU'ILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sels of Building Plans Plan~thg Board approval Check Septic Form NY S.DE.C. Flood Permit Building Inspector APPLICATION FOR BUILDING PERMIT Date It!, ! , 20~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fe~ according to schedule. b. Plot plan showing location of lot an? of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the pr~mises available for inspection tj~oughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not ~ommcnced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, hi writing, the extension of the p~rmit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Deparlment for the issuance cfa Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations or for removal or demolition as bemth described. The applican~ .~ laws, ordinances building code, hous ng code, and regula ohs, and to admit authoriz~i~~i~ ding for necessary inspections. I - '] .... ~ dull IL~J (Signature of applicant or name, ifa corporabon) ~ ' (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, angineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~ee /./t~" a ~qV~[o, pmen'{. (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County 2 Map No. 1000 Section ~'..2- Block ;2.- Lot /4-.- Subdivis~, ~ Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ¥flr~,,,4 I~,,.4 b. Intended use and occupancy .5~_~l.~ .-~,~,/? Fe'.Slde,~c~ 3. Nature of work (check which applicable): New Building. "< Addition Alteration Repair Removal Denmlition Other Work 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars .2- (Description) (To be paid on filiug this application) Number of dwelling units on each floor 6. If business, commercial or mixed 9ccupancy, specify nature and extent of each type o f use. 7: Dimensions ofexistingstmctures, ifany: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new constmction: Front q'/I. t 5" Rear ~1 ', fi" Depth ~/t 7" Height ~t ' Number of Stories Rear .Depth /.1 [' 9. Sizeoflot: Front 10. Date of Purchase ~ ] 4-/ ~ 7 Name of Former Owner 11. Zone or use district in which premises are situated /~- 4'0 12. Does proposed construction vinlate any zoning law, .ordinance orlregulation? YES '~ NO __ 13. Will lot be re-graded? YES__ NO x Will excess fill be removed from premises? YES NO__ 14. NamesofOwnerofpremises~)~._~l(~ C,,~v Address,,,~,~o~t-,,,.i~~ PhoneNo Name of Architect Address. Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY B~ REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~< NO * IF YES, D.E.C. PERM1TS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to p~°llertly lines. 17. If elevation at any point on property is at 10 feet or below, must provide t(~'n~'~l~iai data on survey. } 18. Are there any covenants and restrictions with respect to this property? * YES __ NO x * IF YES, PROVIDE A COPY. STATE OF NEW YORK) ~'lr~ Lh ,e,, ,,~ ~ ~k ~ .q4 ~.~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~ 5 dayof 1'5 ~-- b' 201' Not~iu~ ~ Signature of Applicant rozn ~ ~ dat~ J&~u~ IE, %SUU, r~ord~ 12/29/80 36 pa~ effect. Tho word 'pefl~ .h., be eunmmod ~f ~ i~ rud 'pm~b~' wh~evw ~b *ease or ~hts iadmmre so mlu~ q~f~S WlSI3t3~y, tbs ~ o~th.' ~ iMfl ~ dilly ~ocv~d this d6od rio ~y and y~r tirol IN PR~KNCII OP: 07117/2029 83:57 51~78~25955 ,' ~.'( ~ ,, --.m, ~ PA~[ 02 / ~0 ~..5-.2. O0 ~,~.0 0 oi4. oob, ul ~OAP, D OF APPEALS CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 April 26, 2011 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Bee Hive Development Corp. 400 Old Cove Road, Southold SCTM# 1000-52-2-14 Dear Ms. Weisman: I am the agent for the above referenced applicant who is seeking relief from Article XXlII Section 280-124 and Article XXIII Section 280-116 of the Southold Town Zoning Code for proposed construction of a single family dwelling with a front setback <35' and setback <75' from a bulkhead. Enclosed please find nine sets of the following: 1. Building permit application dated 3/1/2011 2. Notice of Disapproval dated 3/21/2011 3. Vadance Application 4. Applicant's check in the amount of $1000 for application fee 5. Authorization 6. Z.B.A. Questionnaire 7. Project description 8. LWRP Consistency Assessment Form 9. Agricultural Data Statement 10, Transactional Disclosure Form 11, Assessor's property card 12. Survey 13. Copy of Deed 14. Determination of Merger dated 8/06/2009 15, Setback map 16. Site photos Kindly schedule this matter for a variance hearing on the earliest available date. Thank you for your consideration, /l~t,erJne Mesi~no,/rP~es~ Enclosures Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 5,2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6476 BEE HIVE DEVELOPMENT 1000-52.-2-14 Dear Mark: We have received an application for construction of a new single family dwelling with a bulkhead setback of 35'. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very truly yours, Leslij~' ei~an Cha~sr~ By: k.~,/~ ~/~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 21,2011 To: Catherine Mesiano for Bee Hive Development 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated March 2, 2011 For construction of a new single family dwelling at Location of property 400 Old Cove Rd., Southold, NY County Tax Map No. 1000 - Section 52 Block 2 Lot 14 Is returned herewith and disapproved on the following grounds: The construction of a single family dwelling on this non-conforming comer lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10.' On lots less than 20,000 sq. fl., the required front yard setback is 35'. The site plan indicates a front yard setback of 15' from Beverly Road. Also, the proposed dwelling is not permitted pursuant to Article XXII Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead, concrete wall, ...and which are adiacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The proposed setback from the bulkhead is approximately 35'. (Authorized Signature TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 6, 2009 Bee-Hive Dev. Corp. C/O Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated August 3, 2009 For determination of merger at: Location of property 400 Old Cove Rd., Southold County Tax Map No. 1000 Section 52 Block 2_ Lot 1~4 Is returned herewith and disapproved on the tbllowing grounds: The lot is no~t merged as per Town Code. Authorized Signature / ~o- ~- ~2.- 19- / / The Iocotions of we/Is ond cesspools __ ~ shown hereon ore from field observofions I ond or from dolo obtoined from olhers. ~0~''u~ locon$lruct. I am Imnilier witfl file SI'ANDARDS FORAPPROVAL AND CONSTRUCTION OF SUBSURFACE $EY/AGE DIgPOgAL SYSI'E'M$ FOR SINGLE FAMILY REEIDENCL%' ond v¢17[ ~biEe by tile condgion$ set forllt lberein ond on Ille ZONING DISTRICT, R 40 PROPOSED LOT CDVER,4GE = 13~ SURVEY FOR BEE- HIVE- DEVEI OPMENT CORP A T ARSHAMOMAOUE TOWN OF SOUTHOLD RECEiVe.o I~Ay 0 4 Z~ll · .."q '~F ' ,." sr~: 97-101 11971 RAIN RUNOFF CALCULATIONS ' "~ ,~., .o~,.,~~,~.,~.~,~,., ~ ~.,,.~,~,,~ , ~ ~ Scae, I"= 30' ~s ~', . =' ~., ,~' ~ ~ Nov. ~, 2~8 ~ ~ ~ ~ oc~. ~ go~o · ~ %~ ~ ~ 8EE-~VE DEVELOP~NT CORP. d ~ ~ FIRST AMERICAN TITLE INSURANCE ~ ~.. ~ ~ ~x~'~ ~_ , ~ COMPANY OFNE~ YORK ~ '~ ~ ~ ~ k ~ XI°i.?· '~.~' ~ ~ SUBSURFACE $E~GE ~ISPOS~L ~ ~ k~ ~ t ~ ,~~.~ ~ ~ ~ ~ HOBART ROAD Ted Boring ~ ~ ~ ~ X '~ ~ SOUTHOLD~ N.Y. 11971 - , ~ ~~ ' .. ~ ,. '~" (~z c~ee~) ~---UE~ 0 POND --~ ~,.~ ~ '- *~ ~"~'"~'"'~'~"~ ~o ~ ~ ~ .,~ ~ ~ , ~r AS ~ ~C~ X20~~ z. ALL ~LOOD ZONE (AO depth 2) ~~c~s~~~c ~~ ~CONIC F~ 36103C0158 H ELEVATIONS ARE RL~F'ERENCED TO NA VD. 88 REMOVED WETLANDS FLAG AS DELINE,4 TED BY ROBERT FOX L.S. SUFFOLK COUNTY, N K Va¥OSE St6NA TURE APP~A~.~ ~O/V. I§/~,l 765 - 50gO ~T~LLY TO ~Y m~ ~ ~F ~ ~ 'AL~ 8~ ~. O. BOX 909 . ~T BE U~ BY ~ ~ ALL ~S U~ ~ A ~Y 1230 TRAVELER Au~. 2010 ~ ~ ~Y~. SOUTH~D~ N. Y. ~T-TO~A~ ~ tlOT ~ ~ M~ ~ LA~. M DDL E ROAD ' (C.R. 48) VACANT VACANT OLD COVE BOULEVARD"' 20' VACANT ~ Righl of Way HOUSE CONC. SEA WALL MAP SHOWING SETBACKS A T SOUTHOLD TOWN QF SQUTHOLD SUFFOLK COUNTY, N, Y, I00'0 - 52 - 02 ' 14 SCALE' I" = 50' Ock 6, 2010 April 20, 2011 SI TE ~) POND BOARD OF APPr'ALS 7 8 HOUSE 6 · ~0' Ri~ltt o! Wej~ HOUSE 5 HOUSE i (63/] 765-50~0~X' [6~) 765-179T P.O. BOX 909 ~o~,o~;, ~.r. ,~, 9 7-/~/ The Iocolions of wells and cesspools ~ ~ I ~m I~'or w/Iff I~e STANDARDS FOR APPROVAL shown hereon ore /rom f/eld observolions I A~ C~STRUCTION ~ S~S~FACE ~A~ ZONING DISTRICT~ R ~0 DISPOSAL SYSTEMS F~ S~LE FA~L Y RE, ENCEe' and or from doto obfoined /rom o/hers. ~n~ ~ ~i~e ~f /~e co~ns ~et iort~ ~ ~ on 1~ PROPOSED LOT C?VERAGE = 13~ ~ ~* permlt Io co,sit,cl. UPLANDS AREA = 1~,857 sq. ff. ' TOTAL AREA = /4//4 sq. ft. O'O0¢~U ~*~'~'~ SUFFoLKSURVEYFOR ~uo. BEE- HIVE- DEVELOPMENT CORP ~ A T ARSHAMOMAOUE . TOWN OF SOUTHOLD N ~ . ~ ~ ,. ~, ~ .~ ~ ~ ~ ~0 - 52- 02- 14 ~,~.~'~ " ..o.,,.~.~ ~'~ ~'"' .~ ~ ~.~. .~ ~ ~ ~_ ~ ScWe~ I" = 30' ~v~ ~ ~ .A~" ~ ~~'~ ' ~ ~ ~ ~ ~ Nov. 14, 2~8 Ocr. 6, ~010' ~5 XX ~' ~ ~ APRIL 21, ~011 ~ .~,~ ~ ~ FIRST AMERICAN TITLE INSURANCE '~;_? ~, ~ ~ COMPANY OF NEW YORK ~. .o~' ~ . ~ ~ ~ ~ sUBSURFACE SEWAGE DISPOSAL ~~ ~ ~ ~. o HOBART ROAD Ted Boring ~ ~ ~ ~ ~ ,s '~ / ' ~..~¢~'~ ~ '~ ~ SOUTHOLD, N.Y. 11971 Bo~ fPT) / ~ 7~ ~ 4~ ( ~,.~9~ ~ ~ ~ ~" ~'X .... ~ I ~ ., . ~ BOARD OF APPEA~ ANY AL~T~ ~ ~'~ TO ~ S~ ~ A ~ ~T AS ~ ~C~ ~~ ~. ALL 496/8 ~LOOD ZONE ~AO depth 2) ~ ~ ~ ~s ~ ~ ~ ~L ~ ~ ~Y~ ~CONIC F~ 361~C015~ H ~ ~NAT~ A~; ~ (516) 765 - 50ZO ELEVATIONS ARE R~ERENCED TO NA v~ 88 REMOVED . ~T ~ U~ BY ~ ~ ALL ~$ U~ A ~Y /~30 TRAVELER STREET A=~ETLANDS FLA6 AS DELINEATED BY ROBERT FOX L.S. Aug. 20/0 ~~,~. ~As~c~ SOUTHOLD, N.Y. 11971 97--101 '~T-TO-DA~ ~ ~T ~ C~ ~ ~ LAP. ~ r, H (e3~) 2ee-22~o DRAWN BY: MH February 07, 2011 .SC_J~E: (SEE PLAN) SHEET NO: DRAWN BY: MH February 07, 2011 SCALE: (SEE PLAN SHEET NO: BOARD OF APPEALS (631)298-2250 DRAWN BY: MH February 07, 2011 SCALE: (SEE PLAN) SHEET NO: